Citation Nr: 0316272
Decision Date: 07/17/03 Archive Date: 07/22/03
DOCKET NO. 02-02 639 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in No. Little
Rock, Arkansas
THE ISSUES
1. Entitlement to service connection for arteriosclerotic
heart disease for the purpose of accrued benefits.
2. Entitlement to service connection for the cause of the
veteran's death.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Milo H. Hawley, Counsel
INTRODUCTION
The appellant is the surviving spouse of the veteran who had
active service from May 1956 to May 1976, and who died in
April 2001.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a November 2001 decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
North Little Rock, Arkansas.
REMAND
A determination has been made that additional development is
necessary in the current appeal. Accordingly, the appeal is
REMANDED to the RO for the following:
1. The RO must review the claims file
and ensure that all notification and
development action required by
38 U.S.C.A. §§ 5102, 5103 and 5103A (West
2002) are fully complied with and
satisfied. See also 38 C.F.R. § 3.159
(2002). In particular, the RO should
ensure compliance with VA's obligations
under the Veterans Claims Assistance Act
of 2000, now codified at 38 U.S.C.A.
§ 5100 et seq. (West Supp. 2002), as
interpreted by Quartuccio v. Principi,
16 Vet. App. 183 (2002).
2. The RO should contact the Stone
County Medical Center and request copies
of all records relating to the veteran's
terminal hospitalization on April 18,
2001.
3. The RO should make arrangements with
the appropriate VA medical facility to
obtain a medical opinion. The claims
folder must be provided to the examiner
for review. After review of all the
evidence, the physician should determine
whether it is at least as likely as not
that arteriosclerotic heart disease is
related to the veteran's active service.
If the veteran's arteriosclerotic heart
disease cannot be medically linked or
attributed to the veteran's military
service on a medical scientific basis,
and without invoking processes relating
to guesses or judgments based upon mere
conjecture, the examiner should clearly
and specifically so specify in the
examination report.
4. Then, the RO should readjudicate the
claims. If any claim remains denied, the
appellant and her representative should
be provided a supplemental statement of
the case and afforded the appropriate
period of time to respond thereto.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate
outcome of this case. The appellant need take no action
unless otherwise notified.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded to
the regional office. Kutscherousky v. West, 12 Vet. App. 369
(1999).
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans' Appeals or by the United States Court of
Appeals for Veterans Claims for additional development or
other appropriate action must be handled in an expeditious
manner. See The Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994),
38 U.S.C.A. § 5101 (West Supp. 2002) (Historical and
Statutory Notes). In addition, VBA's Adjudication Procedure
Manual, M21-1, Part IV, directs the ROs to provide
expeditious handling of all cases that have been remanded by
the Board and the Court. See M21-1, Part IV, paras. 8.44-
8.45 and 38.02-38.03.
____________________________________________
C. P. RUSSELL
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2002).